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IN RE ARKY

No. 86.

138 F.2d 669 (1943)

In re ARKY.

Circuit Court of Appeals, Second Circuit.

November 10, 1943.

Attorney(s) appearing for the Case

Gettinger & Gettinger, of New York City (Henry L. Redner, of New York City, of counsel), for appellant.

Louis P. Rosenberg, of Brooklyn, trustee-appellee.

Before SWAN, AUGUSTUS N. HAND, and FRANK, Circuit Judges.

PER CURIAM.

The bankrupt appeals from an order denying a discharge. Nearly three years before filing his voluntary petition he had obtained a loan of $504 by means of a materially false statement in writing respecting his financial condition. The loan was paid about a year before the bankruptcy petition was filed. In the case of In re Ernst, 2 Cir., 107 F.2d 760, our discussion made no distinction between the first loan, which had...

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